Conditional and major (mughallaza) talaq

Question

Zayd and his partners said to ‘Umar, “We have something to ask of you; come with us as far as the village of Alipur.” When they got there, they said, “Hinda is an adult (baligha) girl, a good one, and from the point of view of the Shari‘a she has no shortcoming; so you (‘Umar) should marry her.” The people of the village also reassured ‘Umar that the girl was fine. ‘Umar contracted the nikah with Hinda on the condition: “If Hinda is an adult, then I enter into the nikah.

Answer

If Hinda was a minor and none of her guardians (wali) was among those who conducted the nikah, then according to the Shari‘a this nikah was suspended on the guardian’s permission. As long as the guardian had not given permission, sending her to ‘Umar and ‘Umar’s examining her in seclusion (khalwa)

Source: Fatawa Mahmudiyya

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